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Apply for an extension of the residence permit for the family reunification of a foreign child with a German parent

As a legal representative, you can apply for an extension of the residence permit for a foreign minor unmarried child so that the child can continue to live with you in Germany.

Please note that your child must not be married, divorced or widowed. Minor means that he or she has not yet reached the age of 18.

The establishment of a family partnership between you and the child is a prerequisite for obtaining a residence permit. This must be intentional and actually possible. If, as a parent, you have personal custody, it can usually be assumed that the intention and possibility of establishing family cohabitation can be assumed. However, it is not necessarily necessary for you to be entitled to exercise personal custody. However, paternity or maternity of the minor child must be proven.

If only the father is German, there must be an acknowledgment of paternity that is to be regarded as effective.

If the child has already been in possession of a residence permit for three years, the application for a settlement permit may be considered.

If the child has now reached the age of 18, the child can receive an independent right of residence independent of family reunification.

Process flow

  • The extension of the residence permit must be applied for for the child before the validity of the current residence permit expires.
  • Find out whether the competent immigration authority allows you to apply online or has a special application form.
  • If the application is only possible in person, make an appointment at the Foreigners' Registration Office. In the case of an online application, the Foreigners' Registration Office will contact you after receipt of the application to make an appointment.
  • During the appointment, your identity and the identity of the child as well as the available documents will be checked (please bring all documents, if possible in the original, to the appointment).
  • If your application is granted, the child's fingerprints will be taken for the production of the electronic residence permit (eAT card for short). No fingerprints are taken on children under six years of age
  • The Foreigners' Registration Office commissions the production of the eAT card from Bundesdruckerei. After completion, you will receive information and can pick up the eAT card from the responsible office. The eAT card must always be picked up in person.
  • If your application is rejected, you will receive a rejection notice.

Requirements

  • One parent with custody has German citizenship.
  • The child has a valid identity document.
  • The child is a minor, not married, divorced or widowed at the time of application.
  • The German parent has his habitual residence in Germany.
  • The German parent is still actually and legally willing and able to maintain a family partnership with the child. This is assumed if personal custody of the child continues. However, personal custody is not a prerequisite for the extension of the residence permit.
  • There is no reason for expulsion against the child.

Which documents are required?

  • Recognized and valid identity document (e.g. passport or passport substitute) of the child and the German parent
  • Up-to-date biometric photo of the child in the passport (45 x 35 mm)
  • Proof of acknowledgment of paternity if parents are not married and reunification with the German father is to take place.
  • If a parent with custody remains abroad:
    • Proof of custody,
    • Declaration of consent from the parent living abroad.
  • The documents and information must always be submitted in German. In individual cases, the Foreigners' Registration Office may require less or more evidence.

What are the fees?

Cost:

  • 48.00 for a further stay of up to three months
  • 46.50 for a further stay of more than three months

Remark:

Additional fees may apply for the issuance of the residence permit in the form of the electronic residence permit, which can also be used as electronic proof of identity.

§ 45 No. 2a Residence Ordinance

§ 45 No. 2b Residence Ordinance

What deadlines do I have to pay attention to?

Application deadline: 6 to 8

Note (for more information on the deadline):

The application should be received by the Foreigners' Registration Office no later than six to eight before the expiry of the child's residence permit, which is still valid.

Period of validity: at least 1

Remark:

The residence permit is extended for a limited period of time. After three years of possession of the residence permit, a settlement permit can be applied for.

If the child has now reached the age of majority (i.e. has reached the age of 18), the child can receive an independent right of residence independent of family reunification.

Processing duration

Duration: approx. 6 to 8

Note for further information on processing time:

It takes about four to six weeks for Bundesdruckerei to produce the electronic residence permit

Applications / forms

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance required: Yes

Appeal

  • Objection to the decision of the Foreigners' Registration Office
  • Bringing an action before the court named in the notice of opposition if the objection is not upheld
  • An action may be brought before the competent administrative court against a negative decision of the Foreigners' Registration Office.
  • A pre-litigation procedure (opposition) does not take place in Lower Saxony.
  • Detailed information can be found in the negative decision.

What else should I know?

  • The extension of the child's residence permit must be applied for in good time before the validity of the current residence permit expires.
  • Please make sure that you provide your information correctly and completely to the best of your knowledge and belief. This is the only way for the Foreigners' Registration Office to process your request without major delays.
  • Incorrect or incomplete information can slow down the process and be detrimental to you. In the event of an emergency, incorrect or incomplete information that is not completed or corrected in time vis-à-vis the Foreigners' Registration Office may result in the revocation of residence rights already granted, a fine, imprisonment of up to three years or expulsion from the federal territory.

Technically approved by

Ministry of the Interior and Municipal Affairs of the State of Brandenburg

Professionally released on

31.05.0022

Author

The text was automatically translated based on the German content.

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)